Terms & Conditions
Terms & Conditions
Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions ("Terms").
By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services. These Terms and various other policies are binding as per the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act of 2000.
In these Terms, references to "you", "User" shall mean the end user accessing the Website, its contents and using the Services offered through the Website, "Service Providers" mean independent third party service providers, and "we", "us" and "our" shall mean Fancy Fabrics and its affiliates.
a) www.justparty.co.in ("Website") is an Internet based content and e-commerce portal operated by Fancy Fabrics, a firm incorporated under the laws of India.
b) Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. Justparty.co.in at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
2. User Account, Password, and Security:
You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Justparty.co.in of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Justparty.co.in cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
3. Services Offered:
Justparty.co.in provides a number of Internet-based services through the Web Site (all such services, collectively, the "Service"). One such service enables users to purchase original merchandise such as costumes, clothing, footwear and accessories from various fashion and lifestyle brands (collectively, "Products"). The Products can be purchased through the Website through various methods of payments offered.
5. Limited User:
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that Justparty's name is stated as the source and prior written permission of Justparty.co.in is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
6. Exactness Not Guaranteed:
Justparty.co.in hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Due to the very nature of Products which are intended for use in costume parties etc.,Justparty.co.in will not accept any Returns whatsoever. Goods once sold canot be exchanged or returned and the User expressly agrees to this condition when placing an order.
7. Intellectual Property Rights:
a) Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Justparty.co.in owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Justparty.co.in without obtaining authorization from Justparty.co.in
b) Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
8. Links To Third Party Sites:
The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Justparty.co.in or the Website and Justparty.co.in is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Justparty.co.in is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Justparty.co.in is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Justparty.co.in or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
9. Disclaimer Of Warranties/Limitation Of Liability:
Justparty.co.in has endeavoured to ensure that all the information on the Website is correct, but Justparty.co.in neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall Justparty.co.in be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services or Products; (b) unauthorized access to or alteration of the user's transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall Justparty.co.in be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Justparty.co.in shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Justparty's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
You agree to indemnify, defend and hold harmless Justparty.co.in from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Justparty.co.in that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at Justparty's discretion.
Title and risk of loss for all products ordered by you shall pass on to you upon Justparty's shipment to the shipping carrier.
a) Justparty.co.in may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically.
b) Notwithstanding Section 15.a above, these Terms will survive indefinitely unless and until Justparty.co.in chooses to terminate them.
c) If you or Justparty.co.in terminates your use of the Website or any Service, Justparty.co.in may delete any content or other materials relating to your use of the Service and Justparty.co.in will have no liability to you or any third party for doing so.
d) You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.
14. Governing Law:
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Chennai.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.